18.80.018 Amortization requirements.
Except for as provided in CMC 18.80.015(6), the following amortization requirements shall apply to prior legal nonconforming animal uses under this chapter:
(1) 18.25.030
Any prior legal nonconforming animal uses must be discontinued or brought into conformance with CMC 18.80.015(1), (3), (7), (8), (9), and (10) within three months of the effective date of the ordinance codified in this chapter.
(2) Any prior legal nonconforming animal uses must be discontinued or brought into conformance with CMC 18.80.015(2), (4), and (6) within one year of the effective date of the ordinance codified in this chapter.
(a) An extension or exemption from the amortization requirements in this subsection (2), only, may be applied for by the owner of the property on which the prior legal nonconforming animal use exists. An application for an amortization exemption or extension may be approved, or approved with modification, by the Director if it satisfies all of the following criteria:
(i) The use is compatible with the subject property;
(ii) The use substantially complies with the requirements of the code for the land use district in which it is located. Minor deviations from these code provisions may be approved by the Director if he or she concludes that the use is compatible with the character of the primary structures on the subject property and with the structures and uses on surrounding properties;
(iii) The enforcement of this code would result in a substantial hardship to the applicant due to the size, shape, topography, location, or surroundings of the subject property and such hardship was not created by any action of the applicant;
(iv) The use is consistent with the City’s comprehensive plan; and
(v) The use is consistent with and does not endanger the public health, safety and welfare.
The decision to issue an amortization extension or exemption under this subsection shall be made in the sole discretion of the Director, and such decision shall be final.
(3) Any prior legal nonconforming animal uses must comply with all other provisions of this chapter not enumerated above immediately upon the effective date of the ordinance codified in this chapter.
(4) Any and all new animal uses shall be subject to the provisions of this chapter. (Ord. 05-15 § 1 (Exh. A))